THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES RIGHTS OF AUDIENCE QUALIFICATION SCHEME

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1 THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES RIGHTS OF AUDIENCE QUALIFICATION SCHEME GUIDELINES FOR APPLICANTS COMPLETING AN APPLICATION FOR A CERTICATE OF ELIGIBILITY INTRODUCTION These guidance notes have been produced to assist applicants in completing the application form to obtain a certificate of eligibility to undertake the CILEx rights of audience qualification. Applicants should note that the application form is divided into 5 parts. Part 1 asks for general information which should be completed by all applicants. Part 2 asks for details of advocacy and litigation experience and should be completed by all applicants. Part 3 is the portfolio requirements. All applicants must submit portfolios which meet the guidelines in this document. Part 4 is the declaration which should be completed by all applicants. Part 5 is an application for exemption and should only be completed by applicants who do not have the relevant examination passes. All applicants should ensure that they enclose the correct fee with their application form. 1

2 RIGHTS OF AUDIENCE QUALIFICATION This section provides a summary of CILEx s extended rights of audience scheme. Qualification summary CILEx is an approved regulator under the Legal Services Act 2007 for the purpose of awarding advocacy rights to Chartered Legal Executive Lawyers who complete the rights of audience qualification scheme. The qualification scheme is also open to Graduate Members of CILEx. Graduate Members will be unable to exercise any additional rights that are awarded to them until they qualify as Chartered Legal Executive Lawyers. The course will be a natural transition for Graduate Members from the Level 6 qualification and will enable them to exercise the additional rights immediately upon qualification as a Chartered Legal Executive Lawyer. CILEx awards three separate advocacy certificates: Civil Proceedings, Criminal Proceedings and Family Proceedings. Graduate Members and Chartered Legal Executive Lawyers will apply for the certificate which provides the rights of audience for the area of law in which they practice. Certificate of Eligibility To qualify for the additional rights a Graduate Member or Chartered Legal Executive Lawyer must make an application for a Certificate of Eligibility to undertake the qualification for the specialism for which they seek extended rights of audience. This application will be considered by the Admissions and Licensing Committee. The Committee will award a Certificate of Eligibility to applicants who meet the following requirements: They are Chartered Legal Executive Lawyers or Graduate Members of CILEx and are in good standing. They currently undertake civil, family or criminal work. They are employed by or are a manager in an organisation which is owned or managed by persons authorised to provide litigation services, or which is authorised to provide litigation services under the Legal Services Act 2007 or be employed by an organisation in which they work under the supervision of a person who is authorised to provide litigation services under the Legal Services Act They have gained an acceptable level of experience of conducting litigation in civil, family or criminal work, including relevant advocacy experience that meets the knowledge and experience guidelines that are set out in these guidelines (see later). As part of this requirement applicants will be required to complete portfolios that will be marked by External Advisors. 2

3 They have sufficient knowledge of relevant law and legal practice, in accordance with the knowledge and experience guidelines of CILEx to undertake an advocacy skills course and, if successful therein, to exercise the relevant rights of audience. They are able to provide references from two people, other than their employer, who are able to offer an informed opinion as to their ability to meet the knowledge and experience criteria and their suitability to undertake the advocacy skills course. It is not possible for Chartered Legal Executive Lawyers as managers to practice independently. Advocacy skills course On the award of a Certificate of Eligibility the Graduate Member or Chartered Legal Executive Lawyer will be eligible to undertake the advocacy skills course. There will be a separate course for each specialism. The course will involve the teaching of advocacy skills relevant to the certificate the applicant seeks. The course will be of at least 6 days duration and must involve formal assessments of advocacy skills and a test in the law of evidence. The course provider will be responsible for testing and will inform CILEx of the assessment results. Graduate Members and Chartered Legal Executive Lawyers will be advised, when they obtain their Certificate of Eligibility, to obtain and study a self-study manual in the law of evidence. This will assist them in their preparation for the evidence test. Rights of audience certificate A Chartered Legal Executive Lawyer who has successfully completed and passed the advocacy skills course and evidence test may apply to CILEx for the relevant rights of audience certificate. A Chartered Legal Executive Lawyer must be employed by or be a manager in an organisation authorised to provide litigation services or work under the supervision of an organisation authorised to provide litigation services at all times while they hold a rights of audience certificate. They must not practice independently. Graduate Members will be eligible to apply for the rights of audience certificate once they have qualified as a Chartered Legal Executive Lawyer. The Advocacy Certificates CILEx is able to award the following rights of audience under each certificate. Civil Proceedings Certificate to appear in open Court in the County Court in all actions, except family proceedings; to appear before Justices or a District Judge (Magistrates Court) in the Magistrates Courts in relation to all matters originating by complaint or 3

4 application, including applications under the licensing, betting and gaming legislation; to appear before any tribunal under the supervision of the Council on Tribunals where the tribunal rules provide for a non-discretionary right of audience being available to barristers and solicitors; to appear before Coroners Courts in respect of all matters determined by those Courts and to exercise rights of audience similar to those exercised by solicitors and barristers. Family Proceedings Certificate to appear in Court (including in open court) in all County Court family proceedings; to appear before Justices or a District Judge (Magistrates Court) in the Family Proceedings Courts; to appear before Coroners Courts in respect of all matters determined by those Courts, and to exercise rights of audience similar to those exercised by solicitors and barristers. Criminal Proceedings Certificate to appear before Justices or a District Judge (Magistrates Court) in all adult magistrates courts in relation to all matters within that Court s criminal jurisdiction; to appear before Justices or a District Judge (Magistrates Court) in all Youth Courts in relation to all matters within that Court s criminal jurisdiction. to appear in the Crown Court or High Court before a judge in chambers to conduct bail applications; to appear in the Crown Court on appeal from the Magistrates Court, the Youth Court or on committal of an adult for sentence or to be dealt with, if s/he, or any solicitor by whom s/he is employed or any other solicitor or Fellow in the same employment as her/him, appeared on behalf of the defendant in the Magistrates Court or Youth Court; to appear before Coroners Courts in respect of all matters determined by those Courts, and to exercise rights of audience similar to those exercised by solicitors and barristers. Renewals of advocacy certificates The first advocacy certificate is valid for 12 months and must be renewed on the first 1 June or 1 December following the expiration of the certificate. The renewal process will require candidates to produce portfolios of experience that they have gained in exercising the new rights. Subsequent certificates will be valid for three years and must be renewed in the first 1 June or 1 December following expiration of the certificate on the basis that the Chartered Legal Executive Advocate undertakes 5 hours advocacy CPD each year. 4

5 COMPLETING THE APPLICATION FORM All applications should be typed. Part 1 General Information 1: Personal Details Please insert your contact details including your home address in this section. If you wish CILEx to communicate with you at an address different to your home address please provide that communication address in this section. 2: Advocacy Certificate Please tick the box next to the Certificate that you wish to apply for. The Rights of Audience available for each Certificate are set out at page 3 of this document. You should seek the Certificate which grants you the rights that you wish to obtain. This will be in the area of law in which you practice and have experience. 3: Examinations Passed You will be expected to have passed or gained exemption from the CILEx Level 6 examinations relevant to the practice area in which you seek advocacy rights. The subjects that the Level 6 passes must be obtained in are set out below for each Certificate. (The Level 6 examinations have previously been called the Membership Part II and Level 4 examinations). Civil Proceedings Certificate you should have passed the CILEx Level 6 examinations in Contract, Tort and Civil Litigation. Criminal Proceedings Certificate you should have passed the CILEx Level 6 examinations in Criminal Law and Criminal Litigation. Family Proceedings Certificate you should have passed the CILEx Level 6 examinations in Family Law and Family Practice. If you have passed the examinations or gained exemption from the examinations relevant to the Certificate that you wish to obtain you should complete this section of the form. You should indicate next to the subject when you passed the examination or were granted exemption from it by CILEx. If you have not passed the examinations or gained exemption from them you should complete Part 5 of the application which is a separate form that has been enclosed with the application pack. 4: Employment Details Please provide a succinct and accurate summary of your employment over the previous five years. You should provide a brief outline of your job, the nature of your duties, workload and your status or seniority within the firm. 5: Prior Conduct Answer all 7 questions of prior conduct. Where relevant submit copies of any Orders or Findings made against you with the application form. 5

6 Part 2 Advocacy and Litigation Experience This section should be completed by all applicants. Please note that for the purposes of question 7.6 the guidelines differ depending upon the Certificate which you seek. 6: Litigation Experience Indicate how many years litigation experience you have obtained and how much of this experience has been gained in your capacity as a fee earner. 7: Outline of Litigation Experience 7.1 Indicate how many chargeable hours you spend on litigation work each year. If it is not possible to calculate your chargeable hours on a yearly basis please indicate how many chargeable hours you spend on litigation work on a weekly or monthly basis. 7.2 Indicate what percentage of your time is spent on litigation work overall and how it is divided into specialisations. The percentage should be expressed as a percentage of the overall work you undertake. For example, you might undertake 70% litigation work (40% of which is debt recovery and 60% of which is personal injury) and 30% of your time may be taken by administrative, managerial or other duties in other areas of law. 7.3 Provide a general description of the work you carry out. You should indicate the types of litigation work you undertake, the main areas of specialism you work in currently and, where relevant, previously. 7.4 Provide an outline of the range and nature of your typical caseload. Use this section to outline the seriousness and complexity of the cases you deal with. It would be helpful to provide a summary of any difficult cases you have handled. If your current caseload is not a normal reflection of your work, please refer to your caseload during an earlier period and explain why your current caseload has not been a true reflection of your actual work. 7.5 Indicate what proportion of the litigation cases you have handled involved preparation for trial in the last two years. The Admissions and Licensing Committee recognises that the aim in proceedings is to settle as amicably as possible and that therefore fewer cases will proceed to trial. Advocacy Experience 7.6 Civil / family proceedings applicants Provide an outline of the range and nature of advocacy experience you have gained. The outline should provide details of the types of cases you have handled, the types of hearing you have been involved in (for example, directions hearings, case management conferences, summary trials etc). The outline should also indicate what proportion of these cases typically involved contested or uncontested issues and 6

7 what courts you have appeared in. It would also be helpful if you could outline the nature of the issues involved. The outline can either be provided as a summary of the work you have handled or alternatively in a list format. Criminal proceedings applicants The Admissions and Licensing Committee recognises that members seeking the Criminal Proceedings Certificate will not have gained advocacy experience because they currently have no rights of audience in the criminal courts. You should instead provide details of police station representation work you have undertaken Confirm whether or not you are accredited as police station representative by the Legal Services Commission or under any duty solicitor scheme Provide details of how long you have held accreditation for Provide details of the range and nature of police station work you have undertaken. Your outline should describe the number and the types of cases in which you have provided advice and the nature of advice you have been required to provide during police station interviews. 7.7 Provide an outline of the range and nature of advocacy you have observed. The outline should indicate the nature of the issues involved, who conducted the advocacy, the courts in which the advocacy took place, and whether the cases were contested or uncontested. The summary can either be provided as a written summary or in a list format. 7.8 Use this section to provide details of any distinctive features of your work. For example, you may handle complex cases which involve substantial research rather than volume day to day litigation work. 7.9 Describe how your work is supervised. You should indicate who supervises your work, their status within the organisation, the amount of supervision exercised and the type of supervision exercised over your work Provide details of any supervision you exercise over the work of other members of staff. 7

8 Part 3 Portfolio You are required to submit portfolios of cases you have handled in the area of law in which you practice. Your portfolios must be typed in sentence case. The cases that you refer to in the portfolios must have occurred in the previous two years. You should anonymise client details in your portfolios. The portfolios should not refer to the parties in the case by name. Number of portfolios needed You need to produce portfolios of 5 cases in which you can demonstrate your experience of litigation and portfolios of 3 cases in which you can demonstrate your advocacy experience. The Admissions and Licensing Committee recognises that applicants seeking the criminal proceedings certificate will not have advocacy experience. If you are applying for the criminal proceedings certificate you can produce portfolios of cases where you have provided advice as a police station accredited representative instead of advocacy cases. The table below sets out which portfolio forms you need to produce and how many portfolios you need to produce. Certificate Litigation portfolios Advocacy / police station portfolios Civil 5 3 advocacy Family 5 3 advocacy Criminal 5 3 portfolios in total. Presentation of the portfolios If you are a police station representative you should complete 3 police station portfolios. If you are not a police station representative you can complete 3 advocacy portfolios. The advocacy portfolio form for police station cases is different to the civil and family advocacy form NB only two portfolios can refer to observed advocacy You can chose to either complete the portfolio forms that IPS has developed or produce your own portfolios. IPS has produced separate forms for the litigation, advocacy and police station portfolios which are enclosed with the application pack. You will need to copy these for each case that you submit in the portfolio. The questions on the forms are designed to enable you to provide the details required to be covered in the portfolio. If you chose not to use the portfolio 8

9 forms you must ensure that your portfolios answer the questions on the portfolio forms. Each question must be answered fully in turn. Reference to answers to other questions will not suffice. You must detail in your answers specifically what your role was and not refer to the firm or we. Where abbreviations are used, an initial definition must be provided. Portfolios should be printed single-sided. You are encouraged to send your first case portfolio to for initial feedback. We will check whether you have completed the portfolio form correctly and provide you with comments and feedback. This should help you with completion of the other 7 portfolios. Information to be covered in the portfolio The guidelines for what the Admissions and Licensing Committee requires you to cover in your portfolio are at appendix 2 to these notes. The portfolio should cover the issues set out at paragraphs 4 and 5 of the guidelines if you are applying for either the civil or family proceedings certificate. The portfolio should cover the issues set out at paragraphs 4 and 6 of the guidelines if you are applying for the criminal proceedings certificate. The questions on the IPS portfolio forms are intended to enable you to show how you meet these guidelines. A further summary of the information required in the litigation portfolios and draft portfolios are enclosed at appendix 3 to these notes. Draft portfolios are intended to act as guidance only to enable you to assess how a portfolio may be completed. Marking of portfolios The portfolios will be marked by External Advisors who will then submit their report to the Admissions and Licensing Committee. The External Advisors are specialists in civil, criminal or family proceedings and will mark portfolios relevant to their specialisms. If the External Advisors raise any queries or concerns about the portfolio we shall contact you to enable you to have the opportunity to address those issues before your application is referred to the Admissions and Licensing Committee. 8: Additional Information Use this section to provide any additional information not provided elsewhere in the application which you wish the Admissions and Licensing Committee to take into account when it considers your application. 9

10 Part 4 Declaration 9: Employers Endorsement Your employer must complete this endorsement. It requires your employer to confirm that the information you have provided in the application form is accurate and that they expect you to continue undertaking advocacy during the next 12 months under their employment. The endorsement should be provided by either a partner or a supervising solicitor of the firm. Where possible it should be the partner or solicitor who has ultimate supervisory responsibility for your work. Where you are a manager in an organisation the endorsement must be provided by another manager in the organisation. You cannot provide your own endorsement. 10: Referees You should provide the names, addresses and telephone numbers of two referees who can attest to your knowledge of the area of legal practice in which you seek advocacy rights. Referees should have first hand knowledge of your advocacy experience and must be able to offer an informed opinion as to your suitability to be authorised to become a Chartered Legal Executive Advocate. Referees can be a member of the judiciary, a court official or another member of the legal profession. However, a referee cannot be your employer, former employer or co-employee. At least one referee should be a member of the judiciary. You may wish to ask members of the judiciary, court clerks, Counsel or Solicitors against whom you have appeared to provide references. You should obtain the permission of the referees to provide their name before submitting the application to IPS. Upon receipt of the application CILEx will write to the referee to obtain a reference. Any reference received will be treated as confidential and IPS will not be able to disclose a copy to you. Stipulate the context in which the referee provides a reference for you e.g., as a member of the judiciary, opposing counsel or solicitor. 11: Declaration Please ensure that you sign the declaration and submit the correct fee with your application. The fee payable is 110. Cheques should be made payable to the Institute of Legal Executives. Application forms should be submitted to ILEX Professional Standards, Kempston Manor, Kempston, Bedford MK42 7AB. Further advice and assistance If you require further advice and assistance in completing this form please contact the professional development and regulation department on or advocacy@ilexstandards.org.uk. 10

11 Part 5 Alternative examinations or knowledge of subject area This section should only be completed by applicants who have not passed or gained exemption from the CILEx Level 6 examinations relevant to the Advocacy Certificate sought. The Admissions and Licensing Committee can give credit for knowledge acquired through alternative means to the CILEx Level 6 examinations. This form is designed to enable you to seek exemption from the need to pass the relevant examinations by providing evidence of alternative experience or examinations that you may have. 12: Alternative Examination Passes If you have passed alternative examinations to the CILEx Level 6 examinations in the subjects required for the Certificate which you seek, complete this section of the form. You will need to satisfy the Admissions and Licensing Committee that the qualification upon which you rely covered substantially the same topics and to the same depth as those set out in the knowledge and experience guidelines at Appendix 1 to these notes. The Committee must be satisfied that the knowledge was assessed to a comparable standard. 13: Experience of Subject Area If you have not passed or gained exemption from either the CILEx Level 6 examination or comparable examination to the Certificate that you seek you will have to satisfy the Admissions and Licensing Committee that you have adequate knowledge of the subject area. For example, you might rely on knowledge gained through practice. A separate form must be completed for each subject from which you seek exemption. Complete this part of the form to provide evidence to satisfy the Admissions and Licensing Committee that the knowledge upon which you rely meets the knowledge requirements set out at Appendix 1 to these notes. The knowledge requirements are listed for each subject. To meet these requirements you need to show your knowledge equates to the knowledge you would have if you had passed the examination for the subject in which you seek an exemption. Your answers to this part of the form should map the knowledge you have gained against the knowledge requirements set out at Appendix 4 which are the syllabuses for each subject. The knowledge requirements are listed at the following paragraphs for each certificate: Civil proceedings paragraphs 7, 8 and 9 (appendix 2) and appendix 4 Criminal proceedings paragraphs 7 & 8 (appendix 2) and appendix 4 Family proceedings paragraphs 7 and 8 (appendix 2) and appendix 4 11

12 The Admissions and Licensing Committee will need to be satisfied that you have covered a comparable range of topics and have provided evidence that you have a comparable level of knowledge to a person who has passed the CILEx level 6 subject. If the Admissions and Licensing Committee is not satisfied that your knowledge meets the requirements it can require you to undertake further study and obtain acceptable qualifications. For this reason you should try to match your experience against the syllabus for the subject from which you seek exemption in detail. The following guidance covers each question on the form You should provide a summary of the knowledge you have gained in each subject for which you seek an exemption. The summary should include an outline of your experience, the range of the work you have undertaken and an indication of what knowledge you have gained from the experience and work undertaken. You should indicate the time span that your experience has been gained over and the nature of the cases you have handled. Your answer to this question should map your knowledge and experience against the syllabus for which you seek an exemption. The syllabuses appear at Appendix 4 of these notes Outline the mechanisms by which you gained your knowledge. For example, knowledge may have been gained by on-the-job training, CPD, research, studying without a formal qualification or through handling cases In your answer to this question provide evidence of how you have used the knowledge you have gained in that area of law or practice. You should show how you applied the knowledge for the syllabus to your work In your answer to this question indicate how you apply rules and principles relating to the area of law to your cases. Your answer should cover all the areas of the syllabus where you have relevant knowledge Provide an outline of what proportion of your work involves dealing with the area of law in which you seek an exemption in proportion to your other responsibilities. Please remember that you must answer these questions for each subject that you seek an exemption. Copy the form and the complete one copy for each subject that you seek exemption. 12

13 APPENDIX 1 CIVIL PROCEEDINGS KNOWLEDGE AND EXPERIENCE GUIDELINES Certificate of Eligibility 1. Graduate Members and Chartered Legal Executive Lawyers who make an application for extended Rights of Audience must submit details of the civil litigation and advocacy experience they have gained. These details will form part of their application for a Certificate of Eligibility to undertake the advocacy course. 2. The Applicant must provide the following information about his experience: Total years litigation experience and number of years as a fee earner. Types of litigation undertaken and main areas of specialism currently and previously. 3. In relation to the 2 years preceding the application applicants must give the following information: General description of the litigation work carried out. Typical caseload. Chargeable hours spent on litigation work in each year. Proportion of time spent on litigation work. Proportion or number of cases which have included preparation for trial. Range and nature of advocacy experience including observed advocacy. Details of any distinctive features of the applicant s work. Details of supervisory arrangements under which the applicant works and/or his supervisory responsibilities. 4. Applicants must also submit a portfolio of cases demonstrating their litigation and advocacy experience in compliance with the competence criteria set out below. The portfolio requirements are set out in the Portfolio Guidelines. 5. The Admissions and Licensing Committee will consider Applications for Certificates of Eligibility. Graduate Members and Chartered Legal Executive Lawyers will need to satisfy the Committee that they have an appropriate level of knowledge of civil law, particularly the law of tort and contract, civil procedure and the rules of evidence in civil proceedings and that their experience of civil proceedings work is sufficient to enable them to undertake the advocacy course and, upon 13

14 successful completion of that course, to exercise the extended rights of audience that they will be granted. Competence Criteria 6. In deciding whether an applicant has adequate knowledge and experience the Admissions and Licensing Committee will have regard to the Competence Criteria listed below. Knowledge of the law of tort 7. The Committee will expect an applicant to have successfully completed a CILEx Level 6 Professional Higher Diploma paper in the Law of Tort or equivalent qualification, so that they are able to: Understand the nature of liability in tort and defences. Know and understand the elements of liability in tort. Analyse a factual situation in terms of relevant tort concepts. Apply the rules and principles of liability in tort. Analyse factual situations using the law of tort. Knowledge of the law of contract 8. The Committee will expect an applicant to have successfully completed a CILEx Level 6 Professional Higher Diploma paper in the Law of Contract or equivalent qualification, so that they are able to: Demonstrate knowledge of the law of contract. Analyse factual situations using the law of contract. Apply the rules and principles relating to the law of contract so that they understand the nature of contract; offer, acceptance and termination of offer; intention to create legal relations; consideration; terms of contract; exemption clauses; mistake; misrepresentation; duress; undue influence; incapacity; illegality; privity of contract; discharge of contract and remedies for breach of contract. Knowledge of civil litigation 9. The Committee will expect an applicant to have successfully completed a CILEx Level 6 Professional Higher Diploma paper in Civil Litigation or equivalent qualification, so that they are able to: Demonstrate knowledge and understanding of the following aspects of civil procedure and the law of evidence financing civil litigation and conduct; pre-action considerations; commencing proceedings; allocation, progress to trial and directions; the small claims track; the fast track; the multi track; preparation for trial and applications for interim orders; payments into court and interim payments; Part 20 proceedings; special categories of litigant; trial; judgment, enforcement and costs. State and apply relevant legal rules and sources of law in civil proceedings and to be able to explain their effects. 14

15 Demonstrate awareness of the impact of the Human Rights Act 1998 in civil litigation. Identify and deal appropriately with issues relating to conduct and ethics as they may arise in factual situations. Analysis, critical judgment and evaluation 10. The committee will expect an applicant to be able to: Recognise and rank items and issues in terms of relevance and importance. Integrate information and materials from a variety of different sources. Undertake the analysis of factual information in a logical and coherent way. Make critical judgments of the merits of particular arguments. Present and make a reasoned choice between alternative solutions. Autonomy and an ability to learn 11. The committee will expect an applicant to be able to: Act independently in planning, preparing and undertaking tasks in the above areas of law. Undertake independent research in the above areas of law using standard legal information sources. Reflect on his or her learning and to make constructive use of feedback. 12. The Admissions and Licensing Committee may accept alternative evidence of the applicant s knowledge of the law of tort, the law of contract and of civil litigation other than the successful completion of the relevant head of the Level 6 Professional Higher Diploma in Law. The Applicant would need to provide evidence that the content of an alternative qualification substantially covered the criteria above and that the qualification was assessed at a comparable standard. An applicant who seeks to rely on knowledge gained through experience or means other than qualifications must submit evidence to the Admissions and Licensing Committee to demonstrate that he has knowledge of the law required by the competence criteria and that his level of knowledge is to a comparable standard to the Level 6 Professional Higher Diploma in Law. Evaluating Experience Litigation Experience 13. The Committee will expect applicants to have a range of experience across the area in which they are employed. Applicants should have handled cases from the beginning to the end of the process, which should include preparing cases for trial and undertaking post-trial work. 15

16 14. The Committee will consider the quality of experience that an applicant has gained as well as the quantity of experience. In considering the quality of experience that an applicant has gained the Committee will look at various factors such as the seriousness and complexity of cases handled, difficult cases handled, advocacy conducted in contested proceedings, the nature of the matter and the types of hearings that have been undertaken. Advocacy Experience 15. The Committee will need to be satisfied that an applicant is actively undertaking advocacy. In considering whether an applicant is an active advocate the Committee will take into account advocacy experience that an applicant has gained outside their normal area of work. It will also take into account that advocacy is part of the dispute resolution process and may be reflected in successful case preparation, negotiation, arbitration and mediation. 16. The Committee will also need to be satisfied that applicants have extensive first-hand experience of the style and standards of practice and advocacy expected in the courts for which they are seeking extended rights of audience. 17. The Committee will expect applicants to have observed advocacy in those areas where currently no rights of audience exist but where they will be granted rights upon completion of the course. Applicants will be required to state the number of cases that they have observed and indicate the nature of the cases concerned. 18. The Committee will need to take a balanced view about an applicant s experience in deciding whether his experience is sufficient to grant a Certificate of Eligibility, particularly where an applicant relies in part on observed advocacy. Career breaks/illness 19. The Committee will recognise that applicants may have had a break in their advocacy experience due to factors such as career breaks, job changes, maternity leave, long term illness or disability. The Committee will not discriminate either directly or indirectly against an applicant whose experience has been affected in this way but will need to ensure that the applicant does have an acceptable standard of advocacy or level of experience. Applicants who have been affected may provide details of experience gained during a different period when they were more actively engaged as advocates. Other factors 20. There may be other factors which affect the number of appearances in the preceding two years, so that they would not give a fair picture of an applicant s experience and practice. The Committee will consider details of more active periods of advocacy from applicants whose 16

17 advocacy record in the preceding two years discloses a pattern that they regard as atypical. 17

18 FAMILY PROCEEDINGS Certificate of Eligibility 1. Graduate Members and Chartered Legal Executive Lawyers who make an application for extended Rights of Audience must submit details of the family proceedings and advocacy experience they have gained. These details will form part of their application for a Certificate of Eligibility to undertake the advocacy course. 2. The Applicant must provide the following information about his experience: Total years litigation experience and number of years as a fee earner. Types of litigation undertaken and main areas of specialism currently and previously. 3. In relation to the 2 years preceding the application applicants must give the following information: General description of the litigation work carried out. Typical caseload. Chargeable hours spent on family proceedings work in each year. Proportion of time spent on family proceedings work. Proportion or number of cases which have included preparation for trial. Range and nature of advocacy experience including observed advocacy. Details of any distinctive features of the applicant s work. Details of supervisory arrangements under which the applicant works and/or his supervisory responsibilities. 4. Applicants must also submit a portfolio of cases demonstrating their family proceedings and advocacy experience in compliance with the competence criteria set out below. The portfolio requirements are set out in the Portfolio Guidelines. 5. The Admissions and Licensing Committee will consider Applications for Certificates of Eligibility. Graduate Members and Chartered Legal Executive Lawyers will need to satisfy the Committee that they have an appropriate level of knowledge of family law and procedure and that their experience of family proceedings work is sufficient to enable them to undertake the advocacy course and, upon successful completion of that course, to exercise the extended rights of audience they will be granted. Competence Criteria 18

19 6. In deciding whether an applicant has adequate knowledge and experience the Admissions and Licensing Committee will have regard to the Competence Criteria listed below. Knowledge of family law 7. The Committee will expect an applicant to have successfully completed a CILEx Level 6 Professional Higher Diploma paper in Family Law or equivalent qualification, so that they are able to: Demonstrate an understanding of the rules of family law and the principles on which those rules are based. Analyse and explain the theoretical basis of relevant aspects of family law. Apply the rules and case law principles to problematic factual scenarios and demonstrate an ability to analyse the relevant facts in the application of principle so as to be able to provide accurate advice as to the likely outcomes in prescribed situations, covering the following subject areas jurisdiction of English courts in matrimonial causes; nullity; dissolution of marriage; judicial separation; ancillary relief; child support provisions; matrimonial proceedings in the Family Proceedings Courts; maintenance agreements; matrimonial property; protection from violence; the law relating to the unmarried family; the law relating to children including powers and duties of local authorities.. Knowledge of family practice 8. The Committee will expect an applicant to have successfully completed a CILEx Level 6 Professional Higher Diploma paper in Family Practice or equivalent qualification, so that they are able to: Identify the relevant facts and law and advise a married client on the relevant law and procedure in divorce proceedings. Complete a divorce petition and statement of arrangements. Identify and complete the necessary forms to process the divorce petition through the court to decree absolute. Complete the required forms under the Legal Help Scheme and an application for CLS funding and an emergency application to cover the intended proceedings. Understand the principles upon which finance and property orders are made; the tax position; pensions; the statutory charge; costs; variation and enforcement of orders and the relevant procedures involved. Complete an application for ancillary relief and a draft statement. Identify terms of agreement to include in a consent order and terms which should be recorded in an undertaking within a consent order. Draft a consent order. Understand the jurisdictions available for protection from domestic violence, the procedures for obtaining relevant orders and methods 19

20 of enforcement and to be able to complete an appropriate application for protection from domestic violence. Understand the jurisdictions available to obtain orders relating to children; the procedures and principles upon which such orders are made and the procedures available to assist in the recovery of abducted children. Understand the rules for the protection of the rights of occupation and acquisition of an interest in the matrimonial home (including cohabitees). Demonstrate awareness of the impact of the Human Rights Act 1998 in Family Law. Demonstrate awareness of and deal appropriately with issues relating to conduct and ethics. Analysis, critical judgement and evaluation 9. The committee will expect an applicant to be able to: Recognise and rank items and issues in terms of relevance and importance. Integrate information and materials from a variety of different sources. Undertake the analysis of factual information in a logical and coherent way. Make critical judgements of the merits of particular arguments. Present and make a reasoned choice between alternative solutions. Autonomy and an ability to learn 10. The committee will expect an applicant to be able to: Act independently in planning, preparing and undertaking tasks in the above areas of law. Undertake independent research in the above areas of law using standard legal information sources. Reflect on his or her learning and to make constructive use of feedback. 11. The Admissions and Licensing Committee may accept alternative evidence of the applicant s knowledge of family law and of family practice other than the successful completion of the relevant head of the Level 6 Professional Higher Diploma in Law. The Applicant would need to provide evidence that the content of an alternative qualification substantially covered the criteria above and that the qualification was assessed at a comparable standard. An applicant who seeks to rely on knowledge gained through experience or means other than qualifications must submit evidence to the Admissions and Licensing Committee to demonstrate that he has knowledge of the law required by the competence criteria and that his level of knowledge is to a 20

21 comparable standard to the Level 6 Professional Higher Diploma in Law. Evaluating Experience Litigation Experience 12. The Committee will expect applicants to have a range of experience across the area in which they are employed. Applicants should have handled cases from the beginning to the end of the process, which should include preparing cases for trial and undertaking post-trial work. 13. The Committee will consider the quality of experience that an applicant has gained as well as the quantity of experience. In considering the quality of experience that an applicant has gained the Committee will look at various factors such as the seriousness and complexity of cases handled, difficult cases handled, advocacy conducted in contested proceedings, the nature of the matter and the types of hearings that have been undertaken. Advocacy Experience 14. The Committee will need to be satisfied that an applicant is actively undertaking advocacy. In considering whether an applicant is an active advocate the Committee will take into account advocacy experience that an applicant has gained outside their normal area of work. It will also take into account that advocacy is part of the dispute resolution process and may be reflected in successful case preparation, negotiation, arbitration and mediation. 15. The Committee will also need to be satisfied that applicants have extensive first-hand experience of the style and standards of practice and advocacy expected in the courts for which they are seeking extended rights of audience. 16. The Committee will expect applicants to have observed advocacy in those areas where currently no rights of audience exist but where they will be granted rights upon completion of the course, in so far as it is possible for them to do so, given the private nature of many family court proceedings. Applicants will be required to state the number of cases that they have observed and indicate the nature of the cases concerned. 17. The Committee will need to take a balanced view about an applicant s experience in deciding whether his experience is sufficient to grant a Certificate of Eligibility particularly where an applicant relies in part on observed advocacy. Career breaks/illness 18. The Committee will recognise that applicants may have had a break in their advocacy experience due to factors such as career breaks, job changes, maternity leave, long term illness or disability. The Committee will not discriminate either directly or indirectly against an applicant 21

22 whose experience has been affected in this way but will need to ensure that the applicant does have an acceptable standard of advocacy or level of experience. Applicants who have been affected may provide details of experience gained during a different period when they were more actively engaged as advocates. Other factors 19. There may be other factors which affect the number of appearances in the preceding two years, so that they would not give a fair picture of an applicant s experience and practice. The Committee will consider details of more active periods of advocacy from applicants whose advocacy record in the preceding two years discloses a pattern that they regard as atypical. 22

23 CRIMINAL PROCEEDINGS Certificate of Eligibility 1. Graduate Members and Chartered Legal Executive Lawyers who make an application for extended Rights of Audience must submit details of the criminal litigation and advocacy experience they have gained. These details will form part of their application for a Certificate of Eligibility to undertake the advocacy course. 2. The Applicant must provide the following information about his experience: Total years litigation experience and number of years as a fee earner. Types of litigation undertaken and main areas of specialism currently and previously. 3. In relation to the 2 years preceding the application applicants must give the following information: General description of the litigation work carried out. Typical caseload. Chargeable hours spent on criminal proceedings work in each year. Proportion of time spent on criminal proceedings work. Nature and extent of police station representation work. Whether they are or have been accredited as police station representatives by the Legal Services Commission or under any duty solicitor scheme. Proportion or number of cases which have included preparation for trial. Range and nature of advocacy experience including observed advocacy. Details of any distinctive features of the applicant s work. Details of supervisory arrangements under which the applicant works and/or his supervisory responsibilities. 4. Applicants must also submit a portfolio of cases demonstrating their litigation and advocacy experience in compliance with the competence criteria set out below. The portfolio requirements are set out in the Portfolio Guidelines. 5. The Admissions and Licensing Committee will consider Applications for Certificates of Eligibility. Graduate Members and Chartered Legal Executive Lawyers will need to satisfy the Committee that they have an appropriate level of knowledge of criminal law, procedure and the rules of evidence and that their experience of criminal practice is sufficient to enable them to undertake the advocacy course and, upon successful completion of that course, to exercise the extended rights of audience that they will be granted. 23

24 Competence Criteria 6. In deciding whether an applicant has adequate knowledge and experience the Admissions and Licensing Committee will have regard to the Competence Criteria listed below. Knowledge of criminal law 7. The Committee will expect an applicant to have successfully completed a CILEx Level 6 Professional Higher Diploma paper in Criminal Law or equivalent qualification, so that they are able to: Understand the nature of criminal liability and defences. Categorise, distinguish and relate the elements of crimes. Analyse and categorise the elements of defences. Apply the rules and principles of criminal liability. Knowledge of criminal litigation 8. The Committee will expect an applicant to have successfully completed a CILEx Level 6 Professional Higher Diploma paper in Criminal Litigation or equivalent qualification, so that they are able to: Demonstrate a detailed understanding of criminal procedure and the law of evidence as it operates in practice covering the following areas role and jurisdiction of the criminal courts; public funding of criminal cases; bail; police investigative powers; summary proceedings; how and why cases go to the crown court; trial on indictment; youth courts; sentencing; appeals; and the rules of evidence in criminal proceedings. Identify and assess problems arising in a factual situation and to respond appropriately to them. Identify key issues in advising clients in criminal matters. Practise as an effective member of a criminal litigation team. Demonstrate awareness of the impact of the Human Rights Act 1998 in criminal litigation. Demonstrate awareness of and identify and deal appropriately with issues relating to conduct and ethics. Analysis, critical judgement and evaluation 9. The committee will expect an applicant to be able to: Recognise and rank items and issues in terms of relevance and importance. Integrate information and materials from a variety of different sources. Undertake the analysis of factual information in a logical and coherent way. Make critical judgements of the merits of particular arguments. Present and make a reasoned choice between alternative solutions. 24